So-called 'Drew' law upheld in Peterson case
Drew Peterson's defense was dealt a blow Friday when a Will County judge upheld a new law that allows prosecutors to use hearsay evidence against him in his upcoming murder trial.
His defense team, which argued the law is unconstitutional, sought to bar as evidence certain statements and letters Peterson's third wife, Kathleen Savio, is said to have made before her 2004 slaying in the midst of their heated divorce.
Attorney Joel Brodsky argued the law, enacted in December, allows in unreliable rumor and innuendo and violates the former Bolingbrook police sergeant's 6th Amendment right to confront his accuser. Furthermore, Brodsky noted the law was passed after the crime was committed and, thus, should not be applied retroactively.
"It is disappointing," Brodsky said. "It's a bad law. I hate to even call hearsay evidence, evidence. You can't rebut it. You can't question it. Whatever you think about Drew Peterson, this law eventually will lead to wrongful convictions."
Will Circuit Judge Stephen White disagreed. The law, which applies only to murders, requires a reliability hearing to be held in which the judge will decide which - if any - of the statements Savio's family and friends said she made will be admissible.
Will State's Attorney James Glasgow was joined by the Illinois attorney general's office in defending the hearsay law, which the prosecutor said despite some controversy, affords criminal defendants more protection than that offered in other states with similar statutes.
It's the second time Illinois' hearsay law has withstood constitutional muster. A DuPage County judge also upheld it in the case of a young man accused of gunning down a Warrenville teen in 2004 shortly after she pursued battery charges against him.
On Friday, Judge White also denied Peterson's change-of-venue request. His lawyers argued Peterson cannot get a fair trial in Will County due to all the media exposure and his 30-year local law enforcement career.
A trial date has not been set, but White in effect pre-empted the defense request Aug. 13 when he admonished about 240 potential jurors to avoid all Peterson media coverage.
White said he still could move the trial later after the potential jurors are individually questioned if a majority of them say they cannot be impartial.
Peterson is charged with murdering Savio, 40, who drowned in her bathtub in March 2004. He has remained in the Will County jail on a $20 million bond since his May 7 arrest. Prosecutors said Peterson killed Savio because he faced financial devastation from the couple's ongoing divorce as he tried to begin a new life with his fourth wife, Stacy - with whom he had an extramarital affair - and their baby. They said Peterson even offered a state witness $25,000 to kill Savio months before her death.
The media fervor grew after Stacy vanished in October 2007 amid their marital troubles. Stacy has never been found. Peterson has not been charged with her disappearance, which sparked authorities to reinvestigate Savio's death.
Peterson, who maintains his innocence, is due back in court Oct. 29.